What's happening
This bill increases penalties for stealing a motor vehicle or committing robbery involving a motor vehicle when a child under sixteen is present.
Why it matters
Recognizes the heightened danger to children. By increasing penalties when a child under sixteen is present during a vehicle theft or robbery, the bill acknowledges the added trauma, risk, and potential harm faced by minors in such situations.
Targets specific criminal conduct. The amendments focus not just on stealing vehicles or committing robbery, but specifically on cases where a child’s safety is directly compromised, aiming to deter offenders from endangering young passengers.
Shifts prosecutorial approach. Prosecutors will now have clear grounds to pursue more serious charges (such as upgrading to grand larceny in the third degree or robbery in the first degree) when a child is present, potentially leading to longer sentences and stricter plea negotiations.
Signals societal priorities. The bill sends a strong message that crimes involving children as bystanders are considered especially egregious, reflecting a legislative intent to prioritize child safety in criminal justice policy.
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Who cares
Parents and caregivers of children under 16
The bill would make stealing a motor vehicle with a child under 16 in or on it third-degree grand larceny, a class D felony, without a vehicle-value threshold.
District attorneys
The bill would make forcibly stealing a motor vehicle with a child under 16 in or on it first-degree robbery, a class B felony.
Criminal defense attorneys
Clients accused of obtaining a motor vehicle through extortion involving fear of future physical injury would face first-degree grand larceny, a class B felony, regardless of vehicle value, if a child under 16 is in or on it during the offense.
Headline styles
Increase Car Theft Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Penalties for Car Theft with Kids
In Senate Committee · Codes · Sponsor Thomas Croci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3950
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. LAVINE, STIRPE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the theft of a motor vehicle while a child is present therein
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 155.35 of the penal law, as amended by chapter 464 of the laws of 2010, is amended to read as follows: § 155.35 Grand larceny in the third degree.
A person is guilty of grand larceny in the third degree when he or she steals property and when:
1. [when] the value of the property exceeds three thousand dollars[,]; or
2. the property is an automated teller machine or the contents of an automated teller machine[.]; or
3. the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, and, during the commission of such offense, a child under the age of sixteen years is present in or on such motor vehicle.
Grand larceny in the third degree is a class D felony.
§ 2. Section 155.42 of the penal law, as added by chapter 515 of the laws of 1986, is amended to read as follows: § 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when he or she steals property and when [the]:
1. the value of the property exceeds one million dollars[.]; or
2. the property, regardless of its value, consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will cause physical injury to some person, in the future, and a child under the age of sixteen years is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01741-01-7
A. 3950 2
present in or on such motor vehicle during the commission of such offense.
Grand larceny in the first degree is a class B felony.
§ 3. Section 160.15 of the penal law, as amended by chapter 374 of the laws of 1973, is amended to read as follows: § 160.15 Robbery in the first degree.
A person is guilty of robbery in the first degree when he or she forcibly steals property and when[, in]:
1. In the course of the commission of the crime or of immediate flight therefrom, he, she or another participant in the crime:
[1.] (a) Causes serious physical injury to any person who is not a participant in the crime; or
[2.] (b) Is armed with a deadly weapon; or
[3.] (c) Uses or threatens the immediate use of a dangerous instrument; or
[4.] (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this [subdivision] paragraph, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this [subdivision] paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime[.]; or
2. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, and, during the commission of such offense, a child under the age of sixteen years is present in or on such motor vehicle.
Robbery in the first degree is a class B felony.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.